Ki 


mm 


mm 


E 

93 

.  14  3 
2nd  ser 
no .  58 


J-nd/ctt) 


«* 


[No.  58— Second  Series— 3000.] 


Indian  Rights  Association, 

1305  Arch  Street, 
Philadelphia,  Pa.,  October,  1901. 

THE  PRESSING  NEEDS  OF  THE  WARNER 
RANCH  AND  OTHER  MISSION  INDIANS 
IN  SOUTHERN  CALIFORNIA. 


An  Appeal  for  Prompt  Congressional  Action. 


It  was  a  keen  disappointment  to  the  friends  of  the  Indian 
when  apprised  last  May  of  the  adverse  decision  by  the  Federal 
Supreme  Court  in  the  cases  of  Allejandra  Barker  and  Jesus 
Quevas  vs.  J.  Downey  Harvey,  Administrator.  These  suits 
involved  the  rights  of  certain  of  the  Mission  Indians  located 
upon  Warner’s  Ranch,  in  the  southern  portion  of  the  State  of 
California.  The  Indians  concerned  had  lived  upon  the  lands 
embraced  within  the  decision  of  the  Court  for  many  genera¬ 
tions. 

In  the  year  1848,  by  the  terms  of  the  treaty  of  Gaudaloupe 
Hidalgo,  the  sovereignty  over  these  lands  was  transferred  by 
Mexico  to  the  United  States.  About  three  years  after  the 
treaty  between  the  United  States  and  Mexico  was  first  negoti¬ 
ated,  Congress,  on  March  3,  1851,  passed  a  bill  entitled  “An 
act  to  ascertain  and  settle  the  private  land  claims  in  the  State 
of  California,”  which  created  a  commission  to  receive-  testi¬ 
mony  relative  to  and  determine  the  validity  of  all  claims  made 
under  the  terms  of  the  said  act. 

Section  eight  of  the  act  reads  as  follows  : 

“  That  each  and  every  person  claiming  lands  in  California  by 
virtue  of  any  right  or  title  derived  from  the  Spanish  or  Mexican 
Government  shall  present  the  same  to  the  said  commissioners 
when  sitting  as  a  board,, together  with  such  documentary  evi¬ 
dence  and  testimony  of  witnesses  as  the  said  claimant  relies  upon 
in  support  of  such  claims;  and  it  shall  be  the  duty  of  the  com- 


1 


■  .  qs 

TIL  3 

**  -J— 

RodlSe,r. 

no.  5$ 

2 

missioners,  when  the  case  is  ready  for  hearing,  to  proceed 
promptly  to  examine  the  same  upon  such  evidence,  and  upon 
the  evidence  produced  in  behalf  of  the  United  States,  and  to 
decide  upon  the  validity  of  the  said  claim,  and  within  thirty 
days  after  such  decision  is  rendered  to  certify  the  same,  with  the 
reasons  on  which  it  is  founded,  to  the  district  attorney  of  the 
United  States  in  and  for  the  district  in  which  such  decision 
shall  be  rendered.” 

Section  thirteen  of  the  act  provides  further : 

“That  all  lands,  the  claims  to  which  have  been  finally  rejected 
by  the  commissioners  in  the  manner  herein  provided,  or  which 
shall  be  finally  decided  to  be  invalid  by  the  District  or  Supreme 
Court,  and  all  lands  the  claims  to  which  shall  not  have  been 
presented  to  the  said  commissioners  within  two  years  after  the 
date  of  this  act,  shall  be  deemed,  held  and  considered  as  part 
of  the  public  domain  of  the  United  States.” 

The  Indians,  having  no  knowledge  of  the  legal  requirements 
under  the  statute,  neglected  to  notify  the  commissioners  author¬ 
ized  by  the  act  of  Congress  of  their  claims.  This  result  was 
but  a  natural  conclusion  of  the  matter,  since  the  Mexican 
government  had  not  disturbed  them  in  their  holdings ;  and 
then,  as  now,  they  took  little  thought  for  the  morrow,  being 
content  in  their  simple  domestic  life. 

Section  16,  however,  requires  the  commissioners  “to  ascertain 
and  report  to  the  Secretary  of  the  Interior  the  tenure  by  which 
the  Mission  lands  are  held,  and  those  held  by  civilized  Indians 
and  those  who  are  engaged  in  agriculture  or  labor  of  any  kind, 
and  also  those  which  are  occupied  and  cultivated  by  Pueblos  or 
Ranchero  Indians.”  So  far  as  the  opinion  of  the  Supreme 
Court  shows,  this  commission  did  not  report  on  the  Indian 
title ;  or  if  it  did,  Congress  took  no  action  thereon.  The  sub¬ 
stance  of  the  Supreme  Court’s  decision  appears  to  be,  first,  that 
this  commission  and  Congress  must  be  presumed  to  have  per¬ 
formed  their  duty,  and  that  as  Congress  took  no  action  it  is 
fairly  to  be  deduced  that  the  Indians  had  no  claims;  and, 
second,  apart  from  this  presumption,  that  there  was  sufficient 
evidence  to  sustain  the  finding  that  as  a  matter  of  fact  the 
Indians  had  abandoned  their  land  before  the  cession  by  the 


Mexican  government,  and  the  only  right,  if  any,  was  in  the  San 
Diego  Mission.  Whether  this  would  have  been  found,  as  a 
matter  of  fact,  to  be  the  case,  had  the  commission  when 
appointed  investigated  the  claims  of  these  Indians,  may  perhaps 
be  questioned.  But  it  was  certainly  the  duty  of  the  commission 
to  ascertain  and  report  on  their  standing.  If  they  had  rights, 
Congress  should  have  ascertained  them.  If  they  had  abandoned 
their  rights,  Congress  should  have  provided  them  with  other 
lands,  instead  of  permitting  them  to  remain  on  and  to  improve 
those  to  which  they  had  no  title,  and  from  which  eventually 
they  were  to  be  ousted. 

The  Indians  directly  affected  by  the  decree  of  the  Court 
number  over  three  hundred  persons.  They  were  enabled  to 
procure  a  comfortable  living  from  the  revenue  derived  from  the 
use  of  the  Hot  Springs,  while  others  located  adjoining  the  Ranch 
had  a  small  acreage  of  valuable  farm-lands  under  irrigation. 
All  this  will  be  lost  to  them  through  the  decision  of  the  Court. 
A  large  portion  of  the  Warner’s  Ranch  is  suitable  for  grazing 
only,  but  it  has  not  recently  been  in  possession  of  the  Indians. 

In  addition  to  the  bands  of  Mission  Indians  directly  affected 
by  the  decision  of  the  Court,  there  are  many  others  without  pro¬ 
ductive  lands.  The  Manzanita  band  number  sixty  people.  The 
640  acres  reserved  for  their  use  is  for  the  most  part  mountainous. 
From  a  careful  estimate  upon  the  spot,  the  writer  believes  that 
not  over  eight  acres  of  the  640  are  tillable,  and  at  that  only 
second-rate  farming  land.  It  is  stated  that  during  the  summer 
of  1900  the  crop  consisted  of  one  sack  of  beans.  The  frosts 
which  appear  late  in  the  spring  and  early  in  the  autumn  render 
the  raising  of  vegetables  uncertain. 

The  La  Posta  band  of  thirteen  persons  have  about  three- 
fourths  of  a  section  of  land  reserved  for  their  use,  only  eight 
acres  of  which  are  at  all  tillable.  The  lands  of  both  the  Man¬ 
zanita  and  La  Posta  not  now  farmed  by  the  Indians  consist  ot 
rocky  formations  and  mountains,  upon  which  but  little  vegeta¬ 
tion  grows,  and  no  pasturage  is  afforded  for  stock.  At  least 
two  or  three  small  bands  in  addition  to  those  named  are  in  a 
like  condition.  The  Temecula  Indians  have  an  altogether  worth¬ 
less  reservation. 


4 


The  white  population  surrounding  these  Indians  in  the  southern 
portion  of  California  have  accumulated  but  little  property, 
although  they  have  secured  the  best  lands  wherever  they  have 
settled.  Being  poor  themselves,  the  white  neighbors  cannot 
offer  steady  employment  to  the  Indians,  and  in  many  cases  it  is 
necessary  for  them  to  travel  fifty  miles  or  more  before  work  can 
be  obtained.  From  what  can  be  learned  of  the  situation,  the 
Indians  are  willing  to  labor  when  the  opportunity  to  do  so  is 
afforded.  Their  neighbors  even  wonder  how  the  Indians  live 
upon  so  little.  The  different  berries  in  season,  with  nutritious 
barks  and  the  little  raised  on  the  lands,  tide  them  over  from  one 
season  to  another,  but  it  is  not  surprising  to  find  extreme 
poverty.  This  condition  is  accounted  for  by  the  former  United 
States  Indian  Agent  for  the  Mission  Tule  River  Agency,  Fran¬ 
cisco  Estudillo,  who,  in  his  report  to  the  Indian  Office  for  the 
year  1896,  states  that  “the  lands  of  the  reservations  for  the 
Lagunas,  Campos,  the  La  Posta,  Inaja,  and  Manzanita  reserva¬ 
tions  are  all  mislocated  ;  that  is,  the  descriptions  of  theTeserva- 
tions  call  for  lands  upon  which  the  Indians  do  not,  never  did, 
and  will  never  be  able  to  live  for  want  of  water,  etc.  Their 
homes  have  in  some  instances  been  located  by  whites,  and 
eviction  must  soon  follow.” 

There  are  over  six  hundred  persons  among  the  different  bands 
of  Mission  Indians  absolutely  without  lands  that  will  afford  a 
living  to  any  one,  even  though  skilled  in  farming.  Many  addi¬ 
tional  families  are  also  included  in  reservations  where,  under 
present  conditions,  destitution  must  follow,  on  account  of  the 
fertile  lands  being  so  limited  in  extent.  While  special  atten¬ 
tion  has  been  called  to  the  extremities  of  those  located  within 
Warner’s  Ranch,  the  needs  of  the  other  bands  enumerated  are 
equally  pressing.  It  is  primarily  the  duty  of  the  Government 
to  provide  lands  for  these  destitute  people,  who  were  the  first 
appropriators  of  the  valleys  of  southern  California.  Twenty 
acres  of  irrigable  land  to  each  family  would  at  least  place  them 
in  a  comfortable  condition. 

There  is  urgent  need  of  surveys  to  more  accurately  define  the 
boundaries  of  several  of  the  reservations.  The  Indians  within 
the  Volcan  reserve  claim  that  three  or  more  surveys  by  the 


5 


State  have  been  made  for  the  Santa  Ysabel  Ranch,  and  in  each 
instance  the  boundary-line  of  the  Ranch  has  been  extended  to 
include  additional  land  of  the  fertile  valley,  thought  formerly 
to  be  a  part  of  the  Volcan  reserve.  The  same  need  applies 
to  Manzanita,  where  much  of  the  small  valley  appropriated  by 
the  whites  is  thought  to  properly  be  within  the  limits  of  the 
Indian  lands.  The  re-survey  of  these  reservations  should  be 
made  by  a  disinterested  corps  of  employees  under  the  direction 
of  the  Government,  wholly  independent  of  State  control. 

While  frequently  we  find  individual  cases  of  hardship  resulting 
from  the  segregation  of  Indian  lands  into  separate  holdings,  no 
backward  step  should  be  taken  with  the  Mission  Indians  in  this 
connection.  Under  the  allotment  system  there  is  the  incentive 
to  individual  effort  and  ownership  in  personal  property,  so 
much  needed  during  the  twenty-five  year  trust  period  in  which 
the  Government  holds  the  title  to  the  land.  The  custom  so 
universal  among  Indians  of  giving  and  living  upon  the  product 
of  the  frugal  members  of  the  tribe  is  detrimental  to  progress. 
While  among  this  simple  and  generous  people  the  greatest  is 
he  who  gives  all  for  his  fellows,  among  the  more  grasping 
Anglo-Saxons  the  rule  is  generally  reversed,  and  riches  seem 
to  bring  distinction.  If  a  home  is  provided  for  each  family, 
with  the  guarantee  that  it  shall  be  theirs,  a  strong  induce¬ 
ment  to  labor  is  fostered  that  is  otherwise  lacking,  especially 
by  Indians  who  have  been  victimized  by  false  promises  made  to 
them. 

The  exigencies  in  the  case  call  for  immediate  action  on  the 
part  of  the  Department  of  the  Interior,  so  that  definite  official 
knowledge  be  secured  regarding  the  needs  of  the  Mission 
Indians,  together  with  the  character  and  value  of  lands  available 
for  purchase.  To  this  end  we  urge  that  a  committee  of  three 
be  directed  to  investigate  and  report  to.  the  Secretary  of  the 
Interior  before  the  convening  of  the  coming  session  of  Congress, 
so  that  legislation  in  the  interest  of  the  Indians  concerned  may 
not  longer  be  delayed. 

All  friends  of  the  Indian  are  urged  without  delay  to  address 
the  member  of  Congress  from  their  respective  districts,  appeal¬ 
ing  for  legislation  in  behalf  of  this  needy  people.  For  the  con- 


6 


venience  of  those  who  are  willing  to  act  in  this  matter  we  suggest 
the  following  form  of  petition,  for  use  as  indicated  : 

‘  ‘  To  the  Hoiiorable - : 

“  The  peaceable  possession  by  the  Mission  Indians  of  the 
fertile  lands  of  southern  California  previous  to  and  following 
our  national  acquisition  thereof,  from  which,  in  many  instances, 
they  have  been  or  are  about  to  be  evicted,  under  circumstances 
which,  as  we  believe,  work  a  practical  injustice,  entitles  these 
Indians  to  a  sufficient  acreage  upon  which  they  can  earn  a  liveli¬ 
hood.  A  typical  instance  of  apparent  injustice  under  our  laws 
is  found  in  the  proposed  eviction  of  the  Indians  from  the 
Warner’s  Ranch,  or  Agua  Caliente,  where  they  have  lived  for 
many  generations. 

“We  respectfully  petition  for  such  legislation  by  the  Con¬ 
gress  of  the  United  States  as  will  provide  lands  upon  which  all 
the  Mission  Indians  located  in  California  can  earn  a  livelihood, 
and  request  that  you  will  use  your  influence  in  securing  the 
proper  legislation  and  Executive  action  to  accomplish  this 
result.” 


